“She must repay the money”

Staff reporter

Bloemfontein – The Free State Provincial Government (FSPG) has over the past few years made governance errors in making rather shocking decisions.

Among these, are a letter canceling bursaries only to claim the letter was fake when the ANC Youth League pushed back, then the appointment of Mxolisi Dukwana as MEC, there were two letters, one for COGTA while the other one was for both COGTA and Human Settlement.

Fast forward to August 2022, former Premier, Sefora Ntobela appointed Masego Tshabalala who at the time was Chief Director at Public Works and Infrastructure to act as Head of the Department according to sources in government, the appointment letter was not in line with regulations.

The two-paragraph letter in possession of this publication reads.

“Kindly be informed that I have decided to appoint you as the Acting Head of the Department of Police, Roads and Transport with effect from 22 August 2022.

I trust that you will find it in order and rely on your commitment and dedication to lead the Department of Police, Roads, and Transport towards the improvement of lives of the people of the Free State.”

According to the Public Service Handbook of 2003, the appointment letter should include:

• an indication that she/he has been appointed in accordance with section 32 of the act;
• the period of acting
• an indication of post requirements and responsibilities in accordance with section 7(3)(b) of the act and
• an indication that she/he acts as an accounting officer in terms of section 37 of the Public Finance Management Act, 1999

What is also important to mention is;
A manager acting as HoD may not do so for an uninterrupted period exceeding 6 months.

A lawyer who spoke on condition of anonymity said the acting ended in February 2023.

“She was appointed in August and you count 6 months from the day of the appointment letter, after the 6 months they must have appointed her again if not whatever the decision or documents she signed are irregular because there was no authority to act.

If paid allowance after the initial 6 months without further extension she earned the money irregularly and she must repay it.”

About the actual letter, he said.

“Even this acting letter is faulty. It should indicate section 32 of the Public Service Act and no period of acting indicated.”

In conclusion, we asked if the administrators were sleeping on the job, he said.

“Premier had legal advisors and executive managers in her office, they must proofread.”

It remains to be seen if the actual appointment will be challenged as the acting played a key role.

Ntombela resigned a day before the 6 months lapsed.

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